Council Resolutions 2020
2020 | 2019-1999
3.1 - Action Decision Radar - Next Steps for WHOIS Conflicts Procedure Implementation Advisory Group
The GNSO Council has considered the proposed immediate actions and subsequent steps as outlined in the WHOIS Conflicts Procedure IAG (WHOIS IAG) Small Team's proposal. The proposal outlines recommended next steps to consider with respect to modifying the implementation of the WHOIS Conflicts Procedure, in light of public comments received and changes to data protection law that may have affected the implementation of the Procedure. Specifically, the GNSO Council requests:
- ICANN org, in consultation with contracted parties, to draft a proposal for a modification to the existing Procedure based on its past experience with both the WHOIS Conflicts Procedure and the registrar data retention waiver process. In formulating the draft proposal, the GNSO Council recommends that ICANN org consider changes to data protection law that may have affected the previous implementation of this Procedure in light of the contractual requirements, e.g., the General Data Protection Regulation. For example, should the identification of a new trigger to activate the procedure be considered given potential financial penalties under GDPR?
- Following receipt of the proposal from ICANN org, the GNSO Council will consider the proposal and assess next steps, including seeking input from the community, if appropriate, given the substance of the proposal. Following the GNSO Council's consideration, the GNSO Council may choose to adopt the proposal.
- If the GNSO Council does not deem the proposal appropriate:
- the GNSO Council will recommend a small group of Council volunteers to review the WHOIS IAG draft charter and confirm it is still fit for purpose; and
- Following confirmation of the Charter by the GNSO Council, the GNSO Council recommends launching the call for volunteers for the WHOIS IAG, taking into consideration the GNSO Council's upcoming workload. For example, the call for volunteers may need to be postponed if no community bandwidth is available to immediately consider the issues. In the meantime, ICANN org, in conjunction with the EPDP Phase 1 IRT, will need to update relevant terminology pursuant to EPDP Phase 1, Rec. 27.
- Should the GNSO Council consider the outcome developed from the WHOIS IAG unacceptable, the GNSO Council will consider initiating an EPDP to either change or repeal the Consensus Policy.
3.2 - Action Decision Radar - Per the rationale circulated on 11 October 2020, Council agrees to launch a call for volunteers for a small team to develop both a draft charter and an EPDP scoping document for the IDN Policy Track 2.
3.3 - Following the GNSO Council's consideration of the proposed immediate actions and subsequent steps as outlined here, the GNSO Council directs:
EPDP Phase 2a – Legal/natural and feasibility of unique contacts
- The GNSO Policy Support Team communicate to the groups that have appointed members to the EPDP Team that the Council is expected to instruct the EPDP Team to further consider the topics of legal/natural and feasibility of unique contacts per the instructions above, as well as the expected timeframe, provided herein for reference, "[a]t the latest 3 months after reconvening, the Chair of the EPDP Team and GNSO Council Liaison to the EPDP will report back to the GNSO Council on the status of deliberations. Based on this report, which is expected to include an update on progress made and the expected likelihood of consensus recommendations, the GNSO Council will decide on next steps, which could include providing additional time for the EPDP to finalize its recommendations or termination of the EPDP if it is clear that no progress is being made or consensus is unlikely). Request groups to:
- Commence process of confirming members availability and/or re- appointing members to work on these topics. Proposed deadline: 15 November.
- Start developing proposals to address these topics, factoring in deliberations to date, that will allow the EPDP Team to kickstart deliberations on these topics when it reconvenes."
The Council leadership to initiate an Expression of Interest Process to identify a new Chair.
The EPDP Team shall recommence its deliberations upon selection and confirmation of a new Chair; however, should no suitable candidates be found or should the appointment process require significant time, Council leadership will inform the Council accordingly and recommend commencement of deliberations under the leadership of the GNSO Council liaison to the EPDP Team.
- The GNSO Policy Support Team communicates to GNSO SG/Cs, as well as ICANN Advisory Committees that have expressed an interest in the topic of accuracy, the intent of the GNSO Council to launch a scoping team on this topic. Request groups to:
- Start thinking about members that have relevant knowledge and expertise that should join this effort once the scoping team launches.
- Start compiling relevant information and suggestions that would allow kickstarting the discussions on 1. and 2. once the scoping team is formed (see here for resources already identified).
- Council leadership to request ICANN Org to develop a briefing document that outlines both (i) existing accuracy requirements and programs and (ii) the corresponding impact that GDPR has had on implementing / enforcing these requirements and programs. The document, once delivered, will be provided to the scoping team to inform its deliberations.
- GNSO Council to consider in the context of the Council Action / Decision Radar, the appropriate starting time for this effort, factoring in other projects that are in the pipeline.
3.4 - Confirmation of the Recommendations Report to the ICANN Board regarding adoption of recommendations 1-22 contained in the Final Report from the EPDP Temporary Specification for gTLD Registration Data – Phase 2.
3.5 - Appointment of the GNSO Liaison to the Governmental Advisory Committee (motion)
20200924 – 1
- 3.1 - Action Decision Radar decision - In respect of Recommendation 5 From IGO-INGO Access to Curative Rights Protection Mechanisms Final Report and in accordance with the Addendum[gnso.icann.org] to the RPMs Charter adopted by the Council on 23 January 2020, the Council shall initiate both the Expressions of Interest process to identify a single, qualified Work Track Chair and issue a call for Members and Observers to join the IGO Work Track
- 3.2 - Approval of the 2020 Customer Standing Committee (CSC) Slate - In accordance with Section 17.2 (d) of the ICANN Bylaw and per the CSC Charter, the full membership of the CSC must be approved by the GNSO Council. The Council approves the full slate of members and liaisons, noting that the SSAC has declined to appoint a liaison:
Alejandra Reynoso (LAC)
Appointing Organization: ccNSO
Term: 2019 - 2021
Brett Carr (Vice-Chair) (EU) re-appointed
Appointing Organization: ccNSO
Expected Term: 2020 - 2022
Dmitry Burkov (EU)
Appointing Organization: RySG
Term: 2019 - 2021
Gaurav Vedi (NA) re-appointed
Appointing Organization: RySG
Expected Term: 2020 - 2022
Lars-Johan Liman, (Chair) re-appointed
Appointing Organization: RSSAC
Expected Term: 2020 – 2022
Laxmi Prasad Yadav
Appointing Organization: GAC
Expected Term: 2020 - 2022
Appointing Organization: ALAC
Term: 2019 - 2021
Appointing Organization: GNSO (Non-Registry)
Term: 2019 - 2021
Appointing Organization: PTI
Term: no term limit
Adoption of the Expedited Policy Development Process (EPDP) on the Temporary Specification Phase 2 Final Report and Recommendations
Submitted by Rafik Dammak
Seconded by Michele Neylon
- On 17 May 2018, the ICANN Board adopted the Temporary Specification for gTLD Registration Data ("Temporary Specification") pursuant to the procedures in the Registry Agreement and Registrar Accreditation Agreement concerning the establishment of Temporary Policies;
- Following the adoption of the Temporary Specification, and per the procedure for Temporary Policies as outlined in the Registry Agreement and Registrar Accreditation Agreement, a Consensus Policy development process as set forth in ICANN's Bylaws needs to be initiated immediately and completed within a one-year time period from the implementation effective date (25 May 2018) of the Temporary Specification;
- The GNSO Council has had a number of discussions about next steps to clarify issues around scope, timing and expectations, including a meeting between the GNSO Stakeholder Group and Constituency Chairs on 21 May 2018, the Council meeting on 24 May 2018, a meeting between the ICANN Board and the GNSO Council on 5 June 2018and an extraordinary GNSO Council meeting on 12 June 2018;
- Subsequently, the GNSO Council agreed to form a drafting team, consisting of Council leadership and interested Council members, to develop the EPDP Initiation Request and EPDP Team Charter. The drafting team submitted the proposed EPDP Initiation Request and EPDP Team Charter to the GNSO Council on 19 July 2018;
- The GNSO Council approved the EPDP Initiation Request (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec-gtld-rd-epdp-initiation-request-19jul18-en.pdf) and the EPDP Team Charter (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec-gtld-rd-epdp-19jul18-en.pdf) on 19 July 2018;
- The EPDP Team divided the work in two phases; Phase 1 completed with the adoption of the EPDP Phase 1 Final Report on 4 March 2019, at which point the GNSO Council indicated its non-objection, as required per the EPDP Team Charter, for the EPDP Team to commence work on a System for Standardized Access/Disclosure to Non-Public Registration Data ("SSAD") as well as other topics identified in Phase 2 of the Charter and/or carried over from Phase 1 (priority 2 items);
- The EPDP Team commenced its deliberations on Phase 2 on 2 May 2019 with the development of its workplan (see https://community.icann.org/x/6BdIBg);
- The EPDP has followed the prescribed EPDP steps as stated in the Bylaws, including the publication of an Initial Report on 7 February 2020 for public comment (seehttps://www.icann.org/public-comments/epdp-phase-2-initial-2020-02-07-en) as well as an addendum to the Initial Report on 26 March 2020 (https://www.icann.org/public-comments/epdp-phase-2-addendum-2020-03-26-en, resulting in a Final Report delivered on 31 July 2020 with an updated version containing all minority statements submitted on 26 August 2020;
- Eleven (11) recommendations obtained a full consensus designation (#1, 2, 3, 4, 11, 13, 15, 16, 17, 19 and 21); Three (3) recommendations obtained a consensus designation (#7, 20 and 21); Six (6) recommendations obtained a strong support but significant opposition designation (#5, 8, 9, 10, 12 and 18), and; Two (2) recommendations obtained a divergence designation (#6 & 14);
- The EPDP Team has indicated that it considers all SSAD-related recommendations interdependent, and, as a result, recommends SSAD-related recommendations (Recommendations #1 – 18) be considered as one package by the GNSO Council and subsequently the ICANN Board;
- The GNSO Council has reviewed and discussed the Final Report and its recommendations, including during a dedicated webinar on the topic.
- The GNSO Council:
- Adopts and recommends to the ICANN Board of Directors the adoption of recommendations #1 – 18 that establish a System for Standardized Access/Disclosure to Non-Public Registration Data;
- [if 1a. is adopted] Noting some of the questions surrounding the financial sustainability of SSAD and some of the concerns expressed within the different minority statements, the GNSO Council requests a consultation with the ICANN Board as part of the delivery of the GNSO Council Recommendations Report to the ICANN Board to discuss these issues, including whether a further cost-benefit analysis should be conducted before the ICANN Board considers all SSAD-related recommendations for adoption.
- The GNSO Council adopts and recommends to the ICANN Board of Directors the adoption of recommendations #19 – 22 that address a number of priority 2 topics.
- The GNSO Council directs ICANN org to convene an Implementation Review Team to work on the implementation of these recommendations. If acceptable to the IRT as well as ICANN org, the GNSO Council has no objection if the existing EPDP Phase 1 Implementation Review Team would take on this task, recognizing that there may be a need to refresh membership as well as align the implementation with any work that may remain from the Phase 1 implementation. The Implementation Review Team will be tasked with assisting ICANN org in developing the implementation details for the EPDP recommendations, evaluating the proposed implementation of the recommendations as approved by the Board, and working with ICANN staff to ensure that the resultant implementation conforms to the intent of the approved recommendations. The Implementation Review Team shall operate in accordance with the Implementation Review Team Principles and Guidance approved by the GNSO Council in June 2015.
- The GNSO Council extends its sincere appreciation to the Chair, Janis Karklins, Vice Chair, Rafik Dammak, EPDP Team members, alternates and support staff of the EPDP Team for their tireless efforts to deliver this Final Report, recognizing that the Council may direct that some further work is undertaken on a number of priority 2 items that were not addressed in the Phase 2 Final Report.
- 3.1 - Action Decision Radar decision - Confirm that Council supports initiation of the IDN Operational Track 1, as recommended by the IDN Scoping Team, that shall focus on the IDN Implementation Guidelines 4.0, which the Council anticipates will be worked on primarily between ICANN org and Contracted Parties, but should allow observers.
- 3.2 - Action Decision Radar decision - Agree on next steps (i.e., for the EPDP-Phase 1 IRT to prepare draft revisions to the affected policies and publish for public comment) for terminology updates as described in the "EPDP Phase 1 Recommendation 27: Registration Data Policy Impacts report" and possible actions as described in the "Possible next steps EPDP P1 Wave 1 Rec 27". In the course of making updates to impacted consensus policies, the EPDP-Phase 1 IRT is instructed to promptly advise the GNSO Council if possible policy changes are required.
- 3.3 - Approve request for extension of timeline for Issue Report on the Transfer Policy
GNSO Adoption of the Final Report of the New gTLD Auction Proceeds Cross-Community Working Group
Submitted by Erika Mann
Seconded by Rafik Dammak
- The New gTLD Auction Proceeds Cross-Community Working Group was chartered by the the Address Supporting Organization (ASO), the At-Large Advisory Committee (ALAC), the Country Code Names Supporting Organization (ccNSO), the Generic Names Supporting Organization (GNSO), the Governmental Advisory Committee (GAC), the Security and Stability Advisory Committee (SSAC), and the Root Server System Advisory Committee (RSSAC) to develop a proposal(s) for consideration by the Chartering Organizations on the mechanism that should be developed in order to allocate the new gTLD Auction Proceeds.
- The final proposed charter (https://community.icann.org/display/CWGONGAP/CCWG+Charter) was submitted to all ICANN SOs/ACs in October 2016, after which each ICANN SO/AC confirmed the adoption of the charter. The GNSO Council adopted the CCWG charter in November 2016 (https://gnso.icann.org/en/council/resolutions#201611).
- A call for volunteers (https://www.icann.org/news/announcement-2-2016-12-13-en) was launched in December 2016 and the GNSO appointed five members to the CCWG, including one member serving as Co-Chair. The following GNSO-appointed CCWG members are currently serving on the CCWG: Anne-Aikman Scalese, Jonathan Frost, Johan (Julf) Helsingius, Erika Mann (Co-Chair), and Elliot Noss.
- The CCWG commenced its work in January 2017.
- On 11 December 2018, the CCWG published its Initial Report (https://www.icann.org/en/system/files/files/new-gtld-auction-proceeds-initial-08oct18-en.pdf) for public comment (https://www.icann.org/public-comments/new-gtld-auction-proceeds-initial-2018-10-08-en). Thirty-seven (37) comments were received in response to this public comment period, including input from the GNSO Council, RySG, RrSG, BC, ISPCP, NCSG, as well as individuals from the GNSO community.
- The CCWG reviewed public comments and revised recommendations based on this input and further deliberations. On 23 December 2019, the CCWG published a proposed Final Report (https://www.icann.org/en/system/files/files/proposed-new-gtld-auction-proceeds-final-23dec19-en.pdf) for public comment (https://www.icann.org/public-comments/new-gtld-auction-proceeds-final-2019-12-23-en) and requested targeted input from the community on sections of the report that had changed substantially since publication of the Initial Report. Twelve (12) comments were received in response to this public comment period, including input from the RySG, RrSG, IPC, and NCSG.
- The CCWG reviewed all of the input received and submitted its Final Report (https://gnso.icann.org/sites/default/files/file/field-file-attach/ccwg-auction-proceeds-to-gnso-council-29may20-en.pdf) to the Chartering Organizations for their consideration on 29 May 2020.
- The GNSO Council has reviewed and discussed the Final Report and Recommendations.
- The GNSO Council adopts the Final Report and Recommendations of the New gTLD Auction Proceeds Cross-Community Working Group.
- The GNSO Council instructs the GNSO Secretariat to share the results of this motion with the Chairs of the Auction Proceeds CCWG as soon as possible.
- The GNSO Council expresses its sincere appreciation to the Auction Proceeds CCWG, the GNSO appointed members and participants in that effort, and especially the GNSO-appointed Co-Chair, Erika Mann, for all their hard work in achieving the delivery of the Final Report and Recommendations.
Motion Requesting a Preliminary Issue report on the Transfer Policy
Submitted by: Pam Little
Seconded by: Rafik Dammak
- Recommendation 18 of the Inter-Registrar Transfer Policy (IRTP) Part D PDP Working Group's Final Report states, "[t]he Working Group recommends that contracted parties and ICANN should start to gather data and other relevant information that will help inform a future IRTP review team in its efforts;"
- ICANN org, in response to Recommendation 18 of the Inter-Registrar Transfer Policy (IRTP) Part D PDP Working Group's Final Report, delivered the Transfer Policy Status Report (TPSR) to the GNSO Council on 22 April 2019;
- The GNSO Council issued a call for volunteers for a Transfer Policy Review Scoping Team on October 3, 2019;
- The Transfer Policy Review Scoping Team held its first meeting on December 5, 2019;
- ICANN org delivered the EPDP Recommendation 27 Wave 1 Report, which included an inventory of potential inconsistencies with the Transfer Policy and the EPDP Phase 1 recommendations, to the GNSO Council on 19 February 2020;
- The Transfer Policy Review Scoping Team delivered its recommendations in the Transfer Policy Initial Scoping Paper on April 6, 2020;
- The Transfer Policy Review Scoping Team recommended the GNSO Council instruct ICANN Policy staff to draft a Preliminary Issue Report, outlining, et.al., the issues described within the Transfer Policy Initial Scoping Paper;
- The GNSO Council hereby requests the preparation of a Preliminary Issue Report, for delivery as expeditiously as possible, on the issues identified in the Transfer Policy Initial Scoping Paper, to assist in determining whether a PDP or series of PDPs should be initiated regarding changes to the Transfer Policy.
- Approval of the PTI SLA for the ccTLD Creation and Transfer Process
- Reappointment of Matthew Shears to seat 14 on the ICANN Board. The NCPH has reappointed Matthew Shears for Seat 14 on the ICANN Board of Directors. This agenda item is intended to acknowledge the selection and confirm that the notification process as outlined in Section 7.25 of the ICANN Bylaws has been completed.
Adoption of the PDP 3.0 Implementation Final Report
- GNSO Policy Development Process (PDP) 3.0 is a GNSO Council initiative aimed at introducing incremental improvements to enhance the efficiency and effectiveness of GNSO PDPs.
- On 24 October 2018, the GNSO Council resolved to adopt the GNSO PDP 3.0 Proposed Improvements Paper and provided full support for fourteen (14) improvements.
- In January 2019 during the GNSO Council's Strategic Planning Session (SPS), the GNSO Council decided that a Small Team of Councilors should be convened to support the implementation efforts in collaboration with the GNSO support staff. Led by Rafik Dammak, a GNSO Council Vice Chair, the Small Team met regularly between April 2019 and February 2020, with designated leads working with staff to advance the implementation of each improvement.
- To facilitate the GNSO Council's review, the Small Team delivered four packages to the GNSO Council in an incremental manner: Package one, on improvements 1, 2, 3, and 6 was delivered on 13 August 2019; Package two, on improvements 11, 12, 14, and 16 was delivered on 25 September 2019; Package three, on improvements 5 and 13 was delivered on 22 October 2019; and Package four, on improvements 9 and 15 was delivered on 21 November 2019.
- During the process of developing and finalizing the proposed implementation, the ICANN community and the ICANN org were consulted for input and suggestions via various mechanisms, including but not limited to: interviews and small group discussions, GNSO Council mailing lists and meetings, invitation to provide written input, and a public webinar on 9 December 2019.
- While the PDP 3.0 precedes ICANN's Evolution of the Multistakeholder Model (MSM) project, the implementation is nevertheless connected. The GNSO Council commented on the Evolution of the MSM's initial report and engaged with Brian Cute, the project's facilitator, before and during the ICANN66 meeting in Montréal. In Appendix C of ICANN's Draft FY21-25 Operating & Financial Plans and Draft FY21 Operating Plan & Budget, which documents the outcome of Phase 1 and Phase 2 of the project, three (3) out of the six (6) workstreams align with the PDP 3.0 implementation; the GNSO is being proposed to lead the "Issue A: Consensus + representation and Inclusivity" workstream.
- In January-February 2020, the Small Team conducted additional activities, including: 1) revising the GNSO PDP working group charter template; 2) identifying sections in the current GNSO Operating Procedures that could be revised after the GNSO Council reviews the effectiveness of PDP 3.0 implementation; and 3) discussing "Parking Lot" items that might benefit from future work.
- In January 2020 during GNSO Council's SPS, the GNSO Council dedicated several sessions to the discussion of PDP 3.0 and agreed on several action items as the next steps for the implementation efforts.
- On 10 February 2020, the Small Team completed thirteen (13) out of fourteen (14) PDP 3.0 improvements and delivered its Final Report to the GNSO Council for its consideration. The Final Report provides an overview of the PDP 3.0 implementation process and outcomes, a consolidation of all of the work products incorporating community feedback as appropriate, and suggested effective time frame for deployment of the improvements.
- The last remaining work product related, the Consensus Playbook, is originated from PDP 3.0 Improvement #4 and not complete. While, the Consensus Playbook is not strictly a PDP 3.0 product, it is intended to be utilized by the broader ICANN community beyond the GNSO. Its pending status should not prevent the GNSO Council adoption of the Implementation Final Report from the PDP 3.0 Small Team. Adoption of the Consensus Playbook will be voted upon by the GNSO Council at a later date.
- The GNSO Council hereby adopts the GNSO PDP 3.0 Implementation Final Report and instructs GNSO Support Staff to work with the GNSO Council leadership on the deployment of improvements based on the effective time frame proposed by the PDP 3.0 Small Team.
- The GNSO Council requests future charter drafting teams of the GNSO Council to commence chartering for upcoming PDP efforts by utilizing the revised GNSO working group charter template and other related PDP 3.0 work products, and report to the GNSO Council on whether they help achieve the intended outcomes.
- The GNSO Council requests that after all PDP 3.0 improvements are in effect, the GNSO Council conducts a review of the implementation effectiveness in a timely manner.
- The GNSO Council requests that following the GNSO Council review of the PDP 3.0 implementation effectiveness, the GNSO Council considers any necessary updates to the GNSO Operating Procedures and uses the relevant work product in the PDP 3.0 Implementation Final Report as a starting point.
- The GNSO Council confirms that none but one (1) "Parking Lot" item (Statement of Interest Review) identified by the PDP 3.0 Small Team should be moved forward until the GNSO Council has the opportunity to evaluate the PDP 3.0 implementation effectiveness.
- The GNSO Council thanks to the PDP 3.0 Small Team, GNSO support staff, and others who have contributed to the implementation of GNSO PDP 3.0 improvements as well as the proposed implementation work products to enhance the efficiency and effectiveness of GNSO PDPs.
Consent agenda: 2 items
Nomination of a Mentor for the ICANN Fellowship Program
- On 13 November 2019, the ICANN Fellowship Program invited ICANN's Supporting Organizations and Advisory Committees to nominate one individual each (total of 7) to serve on the capacity of Fellowship Program mentor for three consecutive ICANN meetings, beginning with ICANN68 (see https://www.icann.org/news/announcement-2019-11-13-en)
- On 3 December 2019, the GNSO launched an Expression of Interest (EOI) process to solicit volunteers for the GNSO-nominated mentor position (see https://gnso.icann.org/en/announcements/announcement-03dec19-en.htm).
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to nominate.
- The SSC reviewed the applications received, taking into account the criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation to the GNSO Council on 13 January 2020, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
- The GNSO nominates Amr Elsadr to serve as a ICANN Fellowship Program mentor for three consecutive ICANN meetings, beginning with ICANN68.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the ICANN Fellowship Program.
- The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate that he or she has been selected.
- The GNSO Council requests the GNSO Secretariat to send a response to those applicants who were not nominated, thanking them for their interest and encouraging them to apply for future opportunities as they arise.
Confirmation of Johan Helsingius as the Chair and Carlton Samuels as Vice-Chair for the GNSO Standing Selection Committee (SSC).
Addendum to the Review of All Rights Protection Mechanisms in All gTLDs Charter to Integrate Recommendation 5 From IGO-INGO Access to Curative Rights Protection Mechanisms Final Report
- On 9 July 2018, the Policy Development Process (PDP) Working Group on International Governmental Organizations (IGO) and International Non-Governmental Organizations (INGO) Access to Curative Rights Protection Mechanisms submitted its Final Report to the GNSO Council. The Final Report contains five policy recommendations on which the Working Group reached consensus.
- On 19 July 2018, the GNSO Council acknowledged receipt of the PDP Final Report, noted that, "[i]n view of the need to consider the topic of curative rights protections for IGOs in the broader context of appropriate overall scope of protection for all IGO identifiers (including IGO acronyms), the GNSO Council intends to review this Final Report … with a view toward developing a possible path forward that will also facilitate the resolution of the outstanding inconsistencies between GAC advice and prior GNSO policy recommendations on the overall scope of IGO protections";
- Between July 2018 and March 2019, the GNSO Council discussed the PDP Final Report at various meetings and considered the procedural options available to it under the GNSO's Operating Rules and ICANN Bylaws
- On 18 April 2019, the GNSO Council resolved to approve, and recommend that the ICANN Board adopt, Recommendations 1, 2, 3 & 4 of the PDP Final Report.
- The GNSO Council elected not to approve Recommendation 5 of the PDP Final Report and directed the Review of All Rights Protection Mechanisms in All gTLDs (RPM) PDP to consider, as part of its Phase 2 work, whether an appropriate policy solution can be developed that is generally consistent with Recommendations 1, 2, 3 & 4 of the PDP Final Report and:
- accounts for the possibility that an IGO may enjoy jurisdictional immunity in certain circumstances;
- does not affect the right and ability of registrants to file judicial proceedings in a court of competent jurisdiction;
- preserves registrants' rights to judicial review of an initial UDRP or URS decision; and
- recognizes that the existence and scope of IGO jurisdictional immunity in any particular situation is a legal issue to be determined by a court of competent jurisdiction.
- The GNSO Council had engaged with the GAC on several occasions during its deliberations on the PDP Final Report, including at the joint GAC-GNSO meeting at ICANN65 in Kobe, Japan, where the GNSO Council had sought the GAC's feedback on the GAC's willingness to participate in a targeted effort focusing on the issue of curative rights for IGOs and possibly drawing on the community's recent experiences with the Expedited PDP on the Temporary Specification and Work Track 5 of the GNSO New gTLD Subsequent Procedures PDP
- At ICANN65 in Marrakech, members of the GNSO Council met with certain members of the GAC and IGOs, where there appeared to be agreement from the GAC/IGOs to support the chartering of this separate work. On 20 August, the GAC sent a letter to the ICANN Board, affirming, "its willingness to participate in such chartering effort." Dialogue between the GNSO Council, GAC, and IGOs continued at ICANN66 in Montreal, followed by further discussions within the Council.
- The GNSO Council, in consultation with the GAC and IGOs, has prepared the necessary amendments to the RPMs Charter, in the form of an Addendum to that Charter ("Addendum").
- The GNSO Council adopts the amendments to the RPMs Charter to create an IGO Work Track, as reflected in the Addendum.
- The GNSO shall collaborate with each GNSO Stakeholder Group, Constituency, SO and AC to expeditiously issue a call for Members and Observers to join the IGO Work Track, each in accordance with its own rules. The GNSO Council specifically notes that Members and Observers, although appointed by community groups, must nevertheless meet the Membership Criteria as defined in the Addendum.
- In accordance with the Addendum, the GNSO Council shall conduct an Expressions of Interest process as soon as is reasonably possible, in order to identify and confirm a single, qualified Work Track Chair, consistent with the criteria as defined in the Addendum.
- The GNSO Council directs the Work Track Chair and Members to conduct its work in as efficient and effective a manner as possible; and as such, monthly written updates shall be submitted to the GNSO Council by the IGO Work Track Chair and/or Council liaison to the Work Track. These updates must include a report as to the progress of the Work Track according to the timeline and milestones identified in its Work Plan.
- The GNSO Council further directs the Work Track Chair and Members to develop a Work Plan and timeline for its work as a matter of priority and as its first order of business. To facilitate this effort, the GNSO Council instructs ICANN staff to prepare a draft Work Plan and timeline for the Work Track, based on the model adopted for the Expedited Policy Development Process on gTLD Registration Data. The GNSO Council requests that the Work Track Chair submit a proposed Work Plan and timeline to the GNSO Council within four (4) weeks of the first meeting of the Work Track.
- To facilitate communications between the GNSO and the GAC on this topic, the GNSO Council directs the GNSO liaison to the GAC to provide regular progress reports to the GAC.
- The GNSO Council thanks the members of the GNSO Council, as well as those from the GAC and IGOs, for their contributions in developing the Addendum.